This Agreement (“Agreement”) and the policies referred to herein contain the terms and conditions that apply to your use of the Internet Website, services located at https://www.rockintoolboxes.com (the “Website”) a Website owned, operated, licensed, or controlled by Rockin Tool Boxes, LLC (“Company”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF COMPANY’s WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.
- Acceptance. By using the Website, making a purchase through the Website, or registering with the Website, you, the Website user, agree to be bound by the agreement formed by these terms and conditions of use (this “Agreement”). Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice. If you are a registered user, Company will notify you of any changes at the email address you provided during registration. Please check this Agreement periodically for changes. Continued use of the Website following the posting of changes to this Agreement will mean you have read and accept such changes. You separately acknowledge, agree, represent and warrant that any information provided by you to Company is true, accurate, correct, complete and that this representation is an essential and material provision of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE WEBSITE.
- Service. Company provides a web-based service that allows you to purchase products from Company.
Member Accounts, Passwords & Security. Visitors may browse the contents of www.rockintoolboxes.com. Registered users will receive a password and account designation upon completing the registration process. If you register to create an account (“Account”), you are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur using such password or Account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security of which you become aware, and (b) ensure that you exit from your account at the end of each session. Company reserves the right to terminate your Account, access to the Web Site and access to the Service if any Registration Information provided is false, inaccurate or incomplete.
Shipment/Delivery. You agree to provide a true, correct, accurate and complete address for delivery of any products You order. COMPANY SHALL NOT BE RESPONSIBLE FOR YOUR FAILURE TO ACCEPT DELIVERY. You agree to immediately inspect any delivery and notify Company in the event of any event or condition that may affect Your ability to accept . If you fail to receive the shipment at the scheduled day and time you will be responsible for the redelivery fees. Products shall be shipped directly to you from Company’s distributor via less-than-truckload (“LTL”) freight carrier. Order confirmations and tracking number(s) shall be provided to you upon order processing and freight pick up.
Payment. Company will accept credit cards, (Visa, MasterCard, American Express and Discover) Money Orders, Certified Checks and PayPal. All purchases shall be paid in full at the time of ordering. You represent and warrant that You have the authority to use the credit card information You are providing to Company and You acknowledge and agree that you authorize Company to charge Your credit card for the products You order. You acknowledge and agree that you shall reimburse Company for all costs and attorney’s fees incurred by Company in any action or proceeding to collect payment from You under any theory of liability.
Returns & Exchanges. Company will accept returns and exchanges within fifteen (15) days of the original purchase date only if items are in their original and unused packaging or items are defective. ]Company will make exchanges or provide store credit ONLY if (1) merchandise is not a “final sale” item, (2) the merchandise is returned unopened, unused and undamaged, and (3) received by Company no later than thirty (30) days after the date of purchase. Please contact Company at “email@example.com” for a return authorization number. Return Authorization Numbers may require photos of all four sides of the items being returned, the serial numbers of the items being returned, Order Number, or Invoice Number of the purchase. You must write Return Authorization Number on the outside of the box in order for your return to be accepted. After thirty (30) days, all sales are final and company will not provide a return, exchange or refund. Company does not provide refunds/credits for shipping/handling charges.
Merchandise must be returned in its original condition meaning that the merchandise is unworn, unused, and in original packaging and that you include a copy of the invoice or packing slip with your reason for return.
All returns need to have a return authorization number issued by Company and all returns must be coordinated through Company’s designated freight carrier. A photo demonstrating how the items will ship may be required by Company before Company will authorize a return shipment pick up. Items returned without a return authorization number, later than thirty (30) days after the date of purchase, or not in original condition shall be returned to customer at the customer’s expense. The following items are not returnable/exchangeable under any circumstances: (a) “scratch and dent” items, (b) “close-out” items, (c) discontinued items, and (d) custom ordered items that have been personalized specifically for you.
Shipping charges incurred for exchanges or returns will be billed to the customer who placed the original order unless otherwise specified. Credits to credit cards take approximately two (2) weeks to process from the time the return is received and processed.
Cancellations or modifications must be received, approved and processed prior to shipping date.
Exchanged items along with orders that use a store credit are not eligible for free shipping.
All “Final Sale” merchandise is Final Sale, NO RETURNS, NO EXCHANGES.
Damaged Shipments. All shipments must be inspected upon delivery. The shipment may be denied if there is obvious and unacceptable damage to the items being delivered. For denied shipments DO NOT SIGN THE BILL OF LADING and notify Company immediately. If there is a question of damage and you would like to keep the items being delivered, you can sign your name and write “Damaged Subject to Inspection” on the Bill of Lading. Please note that once you have signed the Bill of Lading without notating any damage, you are signing for and accepting your items “Free and Clear of Damage.” You must document all damage claims and notify Company via email to firstname.lastname@example.org within 24 hours of delivery.
- License & Access. Company grants You a limited license to access and make personal use of Company’s Website and not to download (other than page caching) or modify it, or any portion of it. This license does not include: any resale or third-party commercial use of Company’s Website or its contents; any collection and use of any advertisements, descriptions, or prices; any derivative use of Company’s Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company, Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company or Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission. “Rockin Tool Boxes” is a trademark of Company.
- Restrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of any Company Website are protected by copyright, trademark, trade dress, and industrial design rights, and/or other intellectual property rights owned, controlled or licensed by Company. No material from Company’s Website or any other Company property may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company. In addition, You shall not commit any of the following acts through use of the Website:
- transmit any content that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- use foul language or post links to adult-oriented Websites;
- transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
- post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
- collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
- Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel your access to the Website, the Services, and any order in process, without further liability.
- Privacy. It is Company’s policy to respect the privacy of Company users. Therefore, in addition to the privacy of registration data, Company shall not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of Company and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Company or Company; (2) protect and defend the rights or property of Company or Company; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of their messages.
- Indemnity. You shall indemnify, defend and hold harmless Company, its directors, officers, employees, agents and contractors from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to any claim which, if proved, would breach any of Your covenants or representations in this Agreement.
- . This Agreement is effective on the earlier of the date you click “I Accept” or the first date materials from the Website are accessed by You (the “Effective Date”) and shall continue in effect until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Company and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. Any rights to access and use the Services under this Agreement shall terminate immediately without notice from Company if in Company’s sole discretion You fail to comply with any term or provision of this Agreement.
Company may, at its sole discretion and at any time, discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of Your access to Website under any provision of this Agreement may be effected without prior notice. Further, You agree that Company shall not be liable to You or to any third party for any termination of Your access to the Website.
- Jurisdiction. Unless otherwise specified, the Website is available solely for the purpose of promoting products and/or services available in the United States, its territories, possessions, and protectorates. The Website is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in the Website or products purchased through the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Disclaimer. THE MATERIALS IN the Website ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Company DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN the Website SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR ANY OTHER Company WEBSITE OR THE SERVER(S) THAT MAKES the Website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN the Website IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Product Warranties. Individual products may come with a manufacturer’s warranty. You shall contact the manufacturer directly with respect to any claim regarding the manufacturer’s warranty.
- Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE COMPANY WEBSITE OR THE COMPANY CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE COMPANY WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY PRODUCT PURCHASED BY YOU. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE COMPANY WEBSITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE COMPANY WEBSITE OR THE COMPANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT Company SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
- Links to Outside Websites and Services. To the extent that the Website contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and you agree that this Agreement shall be deemed to have been entered into and performed exclusively in the State of Illinois. You agree that the state or federal courts located in the State of Illinois shall have exclusive jurisdiction over any action at law or in equity arising out of or relating to this Agreement. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of adjudicating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.